Tevis v. Ellis

Citations

• 25 Cal. 515
• 1864 Cal. LEXIS 62

Syllabus

<p>Who Sheriff may not Dispossess on Writ of Restitution.—A Sheriff has no authority by virtue of a writ of restitution to remove from the premises described in the writ persons who were not parties to the judgment on which the writ was issued, and did not enter under defendant in the judgment pending the suit.</p> <p>Injunction to Restrain Sheriff.—One who is the owner of land, and in possession of the same, is not entitled to an injunction to restrain a Sheriff from executing a writ of restitution issued on a judgment rendered against third parties, to which judgment the plaintiff is a stranger.</p> <p>Tomlinson v. Rubio, 16 Cal. 202, disapproved of by CURREY, J*.</p>